SB230 Alabama 2019 Session

Under existing law, public officials and public employees at the state and local level of government, as well as lobbyists and principals, are governed by a code of ethics which prohibits or limits certain transactions and requires disclosures of certain activities and interests

The code of ethics is administered by the State Ethics Commission. Criminal enforcement is administered by the Office of the Attorney General or a district attorney

This bill would move, from the code of ethics to the criminal code, provisions that prohibit a public official or public employee from using his or her office for material personal gain, from using office equipment or facilities for personal use, or from soliciting a thing of value from a person that the public official or employee regulates or inspects

This bill would move, from the code of ethics to the criminal code, provisions that prohibit a member of a legislative body from voting on legislation of which the member has a conflict of interest and that prohibit a member of the Legislature from acting as a lobbyist before an executive department or agency

This bill would revise the crime of bribery

This bill would provide circumstances under which an individual acting as an economic development professional is not considered a lobbyist

This bill would redefine certain terms, including thing of value and principal

This bill would require a lobbyist to report to the State Ethics Commission a thing of value given to a public official, public employee, or family member of the official or employee, but would allow a lobbyist or principal to give, and a public official or public employee to receive, a thing of value in certain circumstances

This bill would revise the lobbyist reporting requirements

This bill would revise the commission's authority to impose civil penalties for minor violations of the code of ethics

This bill would require the commission to refer all criminal cases to a district attorney

This bill would provide that an individual who knowingly violates a disclosure requirement would be subject to a civil penalty not to exceed $5,000 to be levied by the commission, and make all other violations of the code of ethics, other than minor violations, a Class A misdemeanor

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to ethics; to amend Sections 13A-10-60 and 13A-10-61, Code of Alabama 1975; to add Sections 13A-10-61.1, 13A-10-61.2, and 36-25-1.3 to the Code of Alabama 1975, to add Chapter 25B, commencing with Section 36-25B-1, to Title 36, Code of Alabama 1975; to repeal Chapter 25 of Title 36, commencing with Section 36-25-1, Code of Alabama 1975; to move from the ethics code to the criminal code provisions prohibiting a public official or public employee from using his or her office or position for material personal gain, from using office equipment or facilities for personal use, or from soliciting a thing of value from a person that the public official or employee regulates or inspects; to move from the ethics code to the criminal code provisions prohibiting a member of a legislative body from voting on legislation of which the member has a conflict of interest and provisions prohibiting a member of the Legislature from acting as a lobbyist before an executive department or agency; to revise the crime of bribery and further define act corruptly; to provide circumstances under which an individual acting as an economic development professional is not considered a lobbyist; to require lobbyists or principals who give a thing of value to report the exchange to the State Ethics Commission but allow lobbyists and principals to give a thing of value to a public official or public employee, except when intending to act corruptly; to revise the penalty for failing to disclose information required to be disclosed to the State Ethics Commission under the code of ethics from a Class A misdemeanor to a civil penalty imposed by the commission of up to $5,000; to define terms; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.